{"id":"F2005B01300","name":"Superannuation (Productivity Benefit) (Qualified Employees) Declaration No. 4","slug":"superannuation-productivity-benefit-qualified-employees-declaration-no-4","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"168 of 1998","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32511,"registerId":"commonwealth-F2005B01300-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation (Productivity Benefit) (Qualified Employees) Declaration No. 4","content":"![](image.001.png)\n\nStatutory Rules 1998 No. 1681\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nSuperannuation (Productivity Benefit) (Qualified Employees) Declaration No. 4\n\nI, JOHN JOSEPH FAHEY, Minister for Finance and Administration, make the following Declaration under subsection 3F (1) of the Superannuation (Productivity Benefit) Act 1988.\n\nDated 22 June 1998.\n\nJOHN FAHEY  \nMinister for Finance and Administration\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nCitation\n\n1. This Declaration may be cited as Superannuation (Productivity Benefit) (Qualified Employees) Declaration No. 4.\n\nCommencement\n\n2. This Declaration is taken to have commenced on 1 July 1994.\n\n  \nInterpretation\n\n3. In this Declaration:\n\n> “ACT Public Service” means the Service established by subsection 12 (1) of the Public Sector Management Act 1994 of the Australian Capital Territory;\n\n> “the Act” means the Superannuation (Productivity Benefit) Act 1988.\n\nDeclared class of persons—officers and employees of the ACT Public Service\n\n4. For the purposes of subsection 3F (1) of the Act, the class of persons comprising officers and employees of the ACT Public Service is a class of persons who are qualified employees.\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nNOTE\n\n> Note: 1. Notified in the Commonwealth of Australia Gazette on 29 June 1998.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This Declaration performs exactly the function intended by its enabling provision (subsection 3F(1) of the Superannuation (Productivity Benefit) Act 1988). It declares a specific class of employees to be 'qualified employees' under that Act. There is no evidence of scope creep; it is a standard administrative instrument exercising a specific statutory power."},"complexity_factors":["Very short document (only 4 substantive sections)","Only 2 defined terms ('ACT Public Service' and 'the Act')","No cross-references beyond the single empowering provision (subsection 3F(1) of the parent Act)","No conditional logic, exceptions, or nested provisions","Single operative provision (section 4) with straightforward declaratory effect","Retrospective commencement date adds minor complexity but is clearly stated"],"plain_english_summary":"This 1998 ministerial declaration designates officers and employees of the ACT Public Service as \"qualified employees\" under the Commonwealth Superannuation (Productivity Benefit) Act 1988. That extension brings ACT public servants within the Act’s productivity‑related superannuation arrangements, aligning their entitlements with Commonwealth staff. The declaration is retrospective, operative from 1 July 1994."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"This Declaration expands the class of persons treated as \"qualified employees\" under the Superannuation (Productivity Benefit) Act 1988 by expressly including officers and employees of the ACT Public Service (s 4). It also gives that status retrospective effect from 1 July 1994 (s 2), thereby altering the Act’s practical coverage for the specified period."},"complexity_factors":["Very short, single-purpose instrument limited to one clear legal effect (designation of a class) (s 4).","Retroactive commencement creates a temporal complexity: operative from 1 July 1994 though made in 1998 (s 2).","Relies on an external statutory framework (the Superannuation (Productivity Benefit) Act 1988) for substantive rights and liabilities (interpretation references to “the Act”) (s 3).","Decision made by an identified individual office (Minister for Finance and Administration), indicating executive discretion under subsection 3F(1) of the Act (instrument preamble and s 4).","The instrument itself is administratively simple but can produce downstream administrative/financial consequences not specified here (eligibility/entitlement determined by the Act)."],"plain_english_summary":"This Declaration, signed by the Minister for Finance and Administration, names officers and employees of the ACT Public Service as “qualified employees” under the Superannuation (Productivity Benefit) Act 1988 and applies that status from 1 July 1994. Mechanically, it changes who is treated as eligible under the Act; that eligibility determines entitlement to productivity-related superannuation measures set out by the Act."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-productivity-benefit-qualified-employees-declaration-no-4","history":"/api/acts/superannuation-productivity-benefit-qualified-employees-declaration-no-4/history","analysis":"/api/acts/superannuation-productivity-benefit-qualified-employees-declaration-no-4/analysis","conflicts":"/api/acts/superannuation-productivity-benefit-qualified-employees-declaration-no-4/conflicts","importantCases":"/api/acts/superannuation-productivity-benefit-qualified-employees-declaration-no-4/important-cases","documents":"/api/acts/superannuation-productivity-benefit-qualified-employees-declaration-no-4/documents"}}